Little v. State
Decision Date | 14 December 2012 |
Docket Number | CR–11–0365. |
Citation | 129 So.3d 312 |
Parties | Allen LITTLE v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
OPINION TEXT STARTS HERE
Thomas M. Goggans, Montgomery, for appellant.
Luther Strange, atty. gen., and John J. Davis, asst. atty. gen., for appellee.
Allen Little appeals his guilty-plea conviction for first-degree possession of marijuana, see§ 13A–12–213, Ala.Code 1975. We affirm in part, reverse in part, and remand.
Little, along with 12 other individuals, was indicted as a result of federal-wiretap evidence obtained pursuant to a federal investigation of a group of individuals responsible for distributing large amounts of cocaine and marijuana in Montgomery County. Little, along with his codefendants, moved the trial court to suppress the wiretap evidence. In his motion, Little argued, in relevant part, as follows:
(C. 27–36.) Following a hearing, the trial court denied Little's motion to suppress. (C. 243.) Pursuant to a plea agreement, Little pleaded guilty to the offense charged in the indictment—first-degree possession of marijuana. In accordance with his plea agreement, Little was sentenced to 20 years' imprisonment—which was suspended—and 5 years' probation. (R. 70.) Little reserved for appellate review the denial of his motion to suppress. (R. 71.)
On appeal, Little continues to argue that “evidence obtained from a federal wiretap is not admissible in an Alabama state court” and that “if evidence from a wiretap is ever admissible in an Alabama state court, it is not in this case because a wiretap was not shown to be necessary.” (Little's brief, pp. 3 and 7.) While Little's appeal was pending, however, this Court addressed and rejected nearly identical arguments raised by one of Little's codefendants. See Cabble v. State, 114 So.3d 855 (Ala.Crim.App.2012). In Cabble, this Court held that wiretap evidence is admissible in Alabama and, also, that the affidavits and orders with respect to the wiretaps—the same affidavits, orders, and wiretap evidence in question in this case—were sufficient. Cabble, 114 So.3d at 855. Accordingly, Little's arguments are without merit, and his conviction is due to be affirmed.
Although neither party addresses it, however, Little's sentence is illegal. See Austin v. State, 864 So.2d 1115 (Ala.Crim.App.2003) . Little 1 was sentenced in accordance with his plea agreement to 20 years' imprisonment, which was suspended in its entirety. (R. 70.) The trial court, however, was without jurisdiction to impose such a sentence. See§ 15–22–50, Ala.Code 1975 . Accordingly, this matter is remanded to the trial court for resentencing.2 The trial court shall take all necessary action to see that the circuit clerk makes due return to this Court at the earliest possible time and within 42 days after the...
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Jones v. Commonwealth
...to § 15–22–50, the circuit court was without authority to suspend the execution of [appellant's] sentence"); Little v. State, 129 So.3d 312, 313 (Ala. Crim. App. 2012) (holding that, pursuant to Ala. Code § 15–22–50, the trial court was "without jurisdiction" to impose a completely suspende......
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Mosley v. State, CR–13–0613.
...of the Alabama Rules of Criminal Procedure." (C. 10–14.) In his petition, Mosley, relying on this Court's decision in Little v. State, 129 So.3d 312 (Ala.Crim.App.2012), alleged that his 20–year sentences were "unconstitutional, not authorized by law, and exceed[ ] the Court's jurisdiction"......
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McNair v. State, CR–13–0733.
...not impose the sentence mandated in § 13A–5–6(a)(4), McNair's 10–year sentence is not authorized by law. See, e.g., Little v. State, 129 So.3d 312, 313 (Ala.Crim.App.2012) (Little pleaded guilty to first-degree possession of marijuana and was sentenced in accordance with his plea agreement ......
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Mewborn v. State, CR–12–2007.
...circuit court at sentencing—not the statutory minimum term of confinement as mandated by the legislature. See, e.g., Little v. State, 129 So.3d 312, 313 (Ala.Crim.App.2012) (Little pleaded guilty to first-degree possession of marijuana—a Class C felony—and was sentenced, as a habitual felon......